Medical examination in a third country?

[MariaAndreas 9]

Hello,

I am a wife of a U.S. citizen. On some reason, now I am outside the U.S. (see my topic Motion to Reopen). I probably must undergo medical examination anew. My question is (if anybody knows):

Is it OK if I pass M/O in a third country? A year ago, for r my K1 visa, I attended the IOM clinic in Moscow, as a Russian citizen. However, now I am in Cyprus as a temporary resident. Here, in Cyprus, the IOM clinic for the American embassy is only 1 hour way by car (unlike Moscow, for where I have to book air tickets and a hotel). Passing M/O here is much easier and cheaper, but would it be acceptable by USCIS? I am afraid to confuse them with Cyprus. Is there any principal difference for the USCIS?
Please, who knows, your advice would be very worthy. Thank you.

And additional question:
USCIS have not requested me to undergo medical examination yet, but it is older than 1 year. (in our case, they don't even have to send us RFE, they may just deny, at their discretion). I am thinking to pass M/O *just in case*, send a sealed envelope to my husband in USA for him to provide it to Uscis.
Expand text.. BUT! If there is no RFE, then we will not be able to prove we sent them my M/O! USPS tracking information shows only that we sent them "something" but not what exactly is sent.

In contract, if RFE is issued, my spouse can enter the USCIS office to provide them with my M/O in a sealed envelope together with RFE and to get a Receipt stating what document is received.

Can my spouse "request" an RFE concerning my medical examination during an InfoPass appointment.

Sorry if complicated.

[Ebunoluwa 6,136]

I think you should wait until you get the Motion to Reopen looked at and then wait for the RFE. Otherwise talk to an experienced attorney

and tier 2 IO at USCIS. I think the medical would be difficult to meet up with the rest of your case if your husband sends or walks it in.

If you decide to do the medical in Cyprus, there are 3 panel physicians to choose from see bottom of this link but I would wait.

They wouldn't just deny but RFE for a new medical.

http://cyprus.usembassy.gov/iv/medicalinfo.html

[MariaAndreas 9]

I think you should wait until you get the Motion to Reopen looked at and then wait for the RFE. Otherwise talk to an experienced attorney

and tier 2 IO at USCIS. I think the medical would be difficult to meet up with the rest of your case if your husband sends or walks it in.

If you decide to do the medical in Cyprus, there are 3 panel physicians to choose from see bottom of this link but I would wait.

They wouldn't just deny but RFE for a new medical.

http://cyprus.usembassy.gov/iv/medicalinfo.html

I am waiting, but I know they can send RFE only at their discretion but don't have to! I asked my husband to "request" RFE on infopass, if possible, so we would be covered.

Unfortunately, there is no way to tier with the IO who is reconsidering our case. Others are unable to give any information.

About place, it's not where I decide (Cyprus or Russia) but where USCIS wants me to perform my m/o. Of course, Cyprus is much easier but it might be declined by USCIS if they need it to be made in my citizenship country. Again, the question for Infopass.

About Infopass. I have never gone, so I don't know if there is any guarantee of whether information given by IO is valuable or not. For example, if IO says: "No problem, she can pass it in Cyprus", I pass, and later USCIS says, "We cannot accept it because it had to be from Russia", can we somehow prove that we got the information from IO on infopas, and, thus, were misinformed? Does IO give any written answer with his/her signature and a stamp if asked?

About attorney. So far so no result. I think there is no attorney who understands much of our situation. I spoke to some of high rated ones (on avvo) again and again only lost time. How to understand if he/she is experienced? Of course, if a lawyer confuses a fiancee and a spousal visas, or forms, then it's definitely "game over". But sometimes it looks like he/she knows the matter, and you trust, but it appears nonsense. For example, from a related topic on VJ:

1. Please-help-i-485-denied/?p=7736534

...I had a consultation today with an immigration lawyer .... Another plus point is that once I have applied for the motion, my status reverts back to having an open Adjustment of status so therefore I can work whilst I am awaiting the decision of my motion.

, whereas I have opposite information from the Letter of Denial from USCIS and their official web site. I can give detailed information upon request, but don't want to go too far off topic here.

2. One high rated immigration lawyer said me the following:

"Advanced Parole. Although there is no guarantee in knowing what the immigration agent would do when you arrive here in the USA, I believe there is a good chance they will let you enter so long as your Advanced Parole document is current and not expired. Additionally you should also bring your receipts showing you have a current Motion To Reopen pending and you are awaiting their decision. I think these two by themselves should be enough for them to allow you to enter, but keep in mind there is really no way to know what an immigration agent will do."

Based on that, I got an idea to try to enter with my AP from Tijuana, Mexico (2 hours away from my house on Southern CA). You can read it here: Entering USA with the AP canceled

As you see, lawyers only confuse and can lead to law breaking without knowing. I will continue asking their opinions as long as it is free, until I find somebody who is responsible for his/her advice.

Edited July 30, 2015 by MariaAndreas

[Ebunoluwa 6,136]

Very complicated and a grey area where no one can predict how border patrol and how USCIS will react.

Sorry for this hassle they have caused you. I still can't believe they just didn't RFE for the cert. copy.

Has your husband involved the senator/congressman to get more clarification ?

Seems the USCIS director needs to be contacted through a senatorial inquiry.

[MariaAndreas 9]

Ebunoluwa, no, he didn't contact. He decided not to make USCIS angry and wait until at least Infopass. I don't know when should he contact a congressperson and how fast should he/she react?

If my MTR is denied, he should apply for CR-1/K3 spousal visa. There is no way we can wait for months to appeal its denial.

[MariaAndreas 9]

By the way, what senator you recommend we should write to - of our district or of the whole state?

If my MTR is denied, he should apply for CR-1/K3 spousal visa. There is no way we can wait for months to appeal its denial. I am researching and preparing documents already, to make it ready just in case.

[Ebunoluwa 6,136]

This is what I would do :

Contact his senator/congressman, pick one who has an aide that is showing motivation when he speaks to them on the phone

after faxing the privacy release form.

He should tell the aide he will send an email in precise detail ( not going on and on but more bullet points format) what all transpired.

Example:

* Had interview on ____

*IO assured told us you were approved and you could travel with the AP

*Submitted copy of divorce decree on ____ did not understand the instructions clearly

*Blah blah...anything else relevant

*Denied because of not submitting the certified copy on ___
*AP cancelled.

*MTR filed ____

Then pull everything together in a short letter (where you are now and why...) explain that the IO should have RFE'ed again instead

deny the case and that perhaps it was an oversight on behalf of the IO. (Yes, they don't have to RFE but let's paint the picture of how it could

have ended without further time wasted for you and USCIS, this was not efficient). We all want an efficient government. Ha !

Then state what you want and ask about the medical if you want ( I wouldn't even worry about that now but you can throw it into the mix now).

Even if nothing comes of it, whoever is processing the MTR (maybe a different IO) will then see all points that you stated to the Senator who

can forward the email ( and hard copy letter ) to them and the IO will see your points and it will go into your file and is well documented.

You don't have to piss the IO off, you can just kindly ask for clarification and that now you are stranded in another country due to

not having any answers. I think the inquiry can be of value being in your file. They won't answer you nor will they care but they will be more

forthcoming with your senator/congressman. Just take your time choosing who you want to do the inquiry, some senators are lame and do nothing

and others are on the ball and really help a case.

It just amazes me that one RFE could have prevented all this mess and it makes me furious how this was handled.

People are people and don't get everything perfect but man why deny the AOS when one little RFE and clarification from the IO

could have made all the difference, especially when she TOLD you all is ok and yes you can travel. That is not acceptable.

Look at all the manpower and waste of time USCIS now has to do with your case what 2 min of logic could have prevented.

That would be my core point with the senator. Dwelling not so much on YOUR loss in the letter but the GOV's waste of time as USCIS is already

back logged, will underline it.

I would ask the senator's aide to address it to the director of whoever handles your case.

[Ebunoluwa 6,136]

Each state has 2 senators and you also have the congressman. Google them, call all of them and have your husband talk to the immigration aide

and then decide to go with only one of them.